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3dfx Interactive v. aVidia Corp. (In re 3dfx Interactive)

Ruling
Committee could not seek to assume "executory" contract after trustee had prosecuted a claim against the contracting party.
Procedural posture

Plaintiff, the official committee of equity security holders of the debtor, brought claims against defendant a party which had contracted with the debtor, seeking to assume the allegedly executory contract and enforce it in conjunction with confirmation of the debtor's plan. The contracting party asserted that the contract was not executory and that the claim was time-barred. The parties filed cross-motions for summary judgment.

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Commercial opinion summary, case decided on January 06, 2009 , LexisNexis #0309-097

In re 3dfx Interactive Inc.

Ruling
Firm that represented chair of creditors' committee in fraudulent conveyance proceeding disqualified from acting as counsel to the committee.
Procedural posture

Movants, the chapter 11 debtor's official committee of equity security holders and the United States Trustee, filed motions, pursuant to 11 U.S.C. § 1103(b) and Cal. R. Prof. Conduct 3-310, to disqualify a law firm as special counsel to the debtors'official committee of unsecured creditors (creditors'committee).

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opinion summary, case decided on June 01, 2007 , LexisNexis #0807-034